RESIDENTIAL TENANCIES ACT 1995 - SECT 24
RESIDENTIAL TENANCIES ACT 1995 - SECT 24
24—Jurisdiction of Tribunal
(1) The Tribunal
has—
(a)
exclusive jurisdiction to hear and determine a tenancy dispute;
(b)
subject to the regulations—jurisdiction to hear and determine claims or
disputes arising from tenancies granted for residential purposes by the South
Australian Housing Trust or a subsidiary of the South Australian Housing
Trust, or arising under agreements collateral to such tenancies (including
such agreements that may involve a third party).
(2) However, the
Tribunal does not have jurisdiction to hear and determine a monetary claim if
the amount claimed exceeds $40 000 unless the parties to the proceedings
consent in writing to the claim being heard and determined by the Tribunal
(and if consent is given, it is irrevocable).
(3) If a monetary
claim is above the Tribunal's jurisdictional limit, the claim and any other
claims related to the same tenancy may be brought in a court competent to hear
and determine a claim founded on contract for the amount of the claim.
(4) A court in which
proceedings are brought under subsection (3) may exercise the powers of
the Tribunal under this Act and, to such extent as may be necessary and
appropriate, the powers of the Tribunal under the South Australian Civil and
Administrative Tribunal Act 2013 .
(5) If the plaintiff
in proceedings brought in a court under this section recovers less than
$40 000, the plaintiff is not entitled to costs unless the court is
satisfied that there were reasonable grounds for the plaintiff to believe that
the plaintiff was entitled to $40 000 or more.